Please help me end my claim hell!

azzadle

Evening all,

I'm in serious need of advice about an outstanding claim with swiftcover, totally at my wits end now.

On December 15th last year I found my car in an absolute state, the front had been destroyed basically - bonnet was bent out of shape, lights smashed, front bumper smashed off, just ruined. No note left, no car in sight, no people around, nothing. Thankfully a few days later someone phoned my grandparents (whose house it was outsideat the time) and said they saw the house they came out of and that it was a large black 4x4 that did it. After much searching and questioning (of what would appear to be half the town :rotfl:) we tracked the person down who admitted he was totally at fault. I should point out this person is my stepdad's colleague's sister's ex ex boyfriend.. :eek:

Anyway, we got all his details in a phone call from him to my stepdad's mobile a few days before Christmas and I passed these on to the police and my insurers and hoped they'd sort it from there. My insurers sent a letter to his, no reply. 2 weeks passed with the same result. After some chasing, my insurers say they can't track him down without a number plate. They have his address, name, policy number etc but that's the only thing we don't have. Every time I go round there he's not in and there's no such car. We tried ringing the mobile number he phoned us on but it magically doesnt exist (that was on 4th January). My insurers have now sent 3 letters to Co-op insurance without reply and say they can't chase it any further.

Fast forward to 2 weeks ago and my car's been declared a total loss, over £2,000 of damage was done and the car's only worth £400 or so I thought. Salvage company want to pick it up tomorrow and it's 12 miles away so I've somehow got to get there to clear it out etc! My insurers sent me an offer on the car today of £700.. MINUS my excess of £700, so their formal offer for my car is £0. Nothing. Zilch.

This has also seriously affected my job too. I travel 30 miles a day, starting at 5am. There are no buses in this part of the county until half 6 at the earliest, so car is my only option. I lose pay also as starting that early entitles me to 1/3 extra pay for the first hour so I'm losing £40 a month there from this month. I've had to pay £85 to go on my parents insurance for 7 weeks which I'm hoping will be reimbursed (sent this to swiftcover). Is there any way I can get paid out for the severe inconvenience this sod has caused me? I'm not a sponge or a compo rat, I'm just sick to the back teeth of this utterly ruining my life! I also can't see my girlfriend as she's 25 miles away and buses don't run out there after 6pm and I finish work at 5, and she doesnt drive

There are a few questions that seriously need answering:

- Why are they deducting MY excess? I was not at fault here, and they're refusing to chase the guy who did it, as are his own insurers.
- How do I push this case, who would I go to next? Police basically aren't interested!
- Can I refuse collection of the vehicle on the basis that I don't agree on basically giving it away to them for free, why the hell would I do that?!?!

Sorry for the long post, I just need serious help!

Regards

Quentin

Your excess is correctly being deducted. You agreed to this when taking out your policy. It is down to you to reclaim this along with your other uninsured losses from the other side. (Your own insurer won't pay for things like the £85 you mention for insurance elsewhere)

If you have "legal cover" use this to pursue the third party, otherwise you need to DIY or get a solicitor.

Or cancel the claim to keep your car, and chase the third party for its write off value.

MX5huggy

azzadle wrote: »

I should point out this person is my stepdad's colleague's sister's ex ex boyfriend.. :eek:

So well known to you then :rotfl:

paddedjohn

First thing to do is cancel the claim, this will save you a few bob in the long term. Next thing is go to the police and ask them what they are doing to find the person who damaged your car and get a crime/incident number, you need contact his insurance company and start a claim against them.

azzadle

MX5huggy wrote: »

So well known to you then :rotfl:

Yeah :rotfl:

At least we found him though, kinda handy him being a postie :beer:

They've said because there's no written admission from him yet they have to deduct my excess, when they do it won't affect my excess. I do have legal cover on the policy too.

Shezz

Don't know if this will help at all, and I have heard of a few people who have done this, on the documents you have to fill out, there is somewhere it should say, are you out of pocket, they have answered yes and put the amount down they had to pay out on the excess... and they got it back, I know this to be true as one of the people that claimed was my directors wife

Notmyrealname

azzadle wrote: »

I do have legal cover on the policy too.

Use this to sue the other person.

casseus

cant cancel claim now youve accpeted the £0, offer, technically the claim is now over and done with on the insurers side and their coming to collect what they own the car.

your only route now is to file losses through the courts on the person you claim to be at fault or use your legal cover if you have it.

£400 car, insurance excess £700 is a costly choice you made, your insurers have been lenient, if the car was valued at £400 write off, that would have left you to pay them £300, as your claim is now over on their side, that leaves the remainder of the balance of the insurance cover, so expect the insurers to write to you informing you of this.

once you get into court and win the insurers should adjust your claim status to non fault claim.

Wig

casseus wrote: »

cant cancel claim now youve accpeted the £0, offer, technically the claim is now over and done with on the insurers side and their coming to collect what they own the car.

I think you missed this bit

Salvage company want to pick it up tomorrow and it's 12 miles away so I've somehow got to get there to clear it out etc! My insurers sent me an offer on the car today of £700.. MINUS my excess of £700, so their formal offer for my car is £0. Nothing. Zilch.

So he received an offer "today" which he does not have to accept. The salvage co. is just fishing and pressing for business, they have no right to take the car until the offer is accepted. He can tell the salvage co to "hold their horses" as the fat lady has not sung on this one yet.

I've had the same happen to me, a salvage co. phoning me to arrange a pick up before I had finalised what was going to happen. Can't remember what it was but I think I was intending to keep the car, as a buy back from the insurer.

OP you should cancel the claim, and deal with the car as you see fit, either repair or get a scrap man to come and give you £100 for it.

mikey72

casseus wrote: »

...............£400 car, insurance excess £700 is a costly choice you made, your insurers have been lenient, if the car was valued at £400 write off, that would have left you to pay them £300, as your claim is now over on their side..............

It doesn't work that way.

The excess is just that.

It's just the first part of the claim you pay, if the claim is less than the excess, you don't top it up.

azzadle

casseus wrote: »

cant cancel claim now youve accpeted the £0, offer, technically the claim is now over and done with on the insurers side and their coming to collect what they own the car.

your only route now is to file losses through the courts on the person you claim to be at fault or use your legal cover if you have it.

£400 car, insurance excess £700 is a costly choice you made, your insurers have been lenient, if the car was valued at £400 write off, that would have left you to pay them £300, as your claim is now over on their side, that leaves the remainder of the balance of the insurance cover, so expect the insurers to write to you informing you of this.

once you get into court and win the insurers should adjust your claim status to non fault claim.

Incorrect. I have not signed over the v5 to say they can have the car. They also said that the legal cover can't be used to take it to court, apparently it's for uninsured losses if I was injured in the accident, which I wasn't.

I do not have to accept the claim, as confirmed by Swiftcover. Having spoken to them the offer's £700 - £700 = 0 because they've no written admission from the other guy yet. They've now written directly to him as Co-op are not interested in chasing this. Once they get admission, my excess is waived.